Terms of service

Last updated: 22.07.2026

GENERAL TERMS AND CONDITIONS OF SALE

1. DEFINITIONS

GTC: General Terms and Conditions of Sale
We, us, Operator, Seller: Khoon Markt GmbH, Metzgergasse 10, CH-9000 St.Gallen, Switzerland, UID: CHE-157.945.476 (MwSt+HR) – Handelsregisteramt Kanton St.Gallen
You, Customer, User: website user
FADP: Swiss Federal Act on Data Protection
CHF:  Swiss francs
ARF:  advance recycling fees
VAT:  Swiss value-added tax
PID: personally identifiable data within the meaning of the FADP
PSSP: Payment Solution Service Provider that is a third-party company enabling businesses to accept various digital payments (cards, wallets, bank transfers) by acting as an intermediary between customers, merchants, banks, and card networks, and offering the necessary infrastructure, security, compliance, fraud protection, and support through a single integration, for the processing of online transactions.

 

2. SCOPE AND VALIDITY

These General Terms and Conditions (GTC) apply exclusively to all sales concluded via the online shop between the Operator and Customers domiciled in Switzerland. The GTC govern with priority over any conflicting terms provided by the Customer, unless expressly accepted in writing by the Seller prior to the conclusion of the contract of sale. The contract of sale is concluded upon order confirmation or dispatch of goods.

 

3. USE OF ONLINE SHOP SERVICES, USER ACCOUNTS REGISTRATION 

  • Access and Use 

Customers may browse and purchase products from the online shop either as guests or registered users. By accessing or using the online shop, the Customer agrees to comply with these General Terms and Conditions and all applicable Swiss laws governing online commerce.

  • Registration and Account Creation 

Registration for a user account is optional but may be required for access to specific features, order tracking, loyalty programs, or faster future purchases. To create an account, the Customer must provide accurate, current, and complete personal information as requested. The Customer undertakes to keep login credentials confidential and assumes full responsibility for any activity conducted through their account.

  • Accuracy of Information 

The Customer warrants that all information provided during registration or checkout is true and complete. The Seller reserves the right to suspend or delete accounts containing false, inaccurate, outdated, or misleading information or accounts used in violation of applicable law or these conditions.

  • Data Protection and Privacy 

Personal data collected during registration and order processing are handled in accordance with the Seller’s Privacy Policy and the FADP, ensuring transparent and secure data processing according to the principles of Privacy by Design and Privacy by Default.

  • Account Termination and Misuse 

The Seller reserves the right to restrict, suspend, or permanently disable a Customer’s account at any time if it is used unlawfully, abusively, or fraudulently, or if the Customer violates these Terms. Customers may request account deletion at any time by contacting the Seller’s customer service, subject to legal data retention obligations.

  • Service Availability 

The Seller strives to ensure uninterrupted access to the online shop but cannot guarantee continuous availability due to maintenance, upgrades, or technical issues beyond its control. The Seller shall not be liable for service interruptions or data loss resulting from system failures, cyber incidents, or force majeure events.

  • Relationship with Shopify

Our website and online store is powered by Shopify, which enables us to provide you with the services relating to the presentation and sale of our products. However, any sales and purchases you make in our online store are made directly with us. By using our website and online store, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us to the extent permitted by law. 

  • Relationship with Payment Solution Service Providers

Our website and online store is using a payment solution service provided by [name] which is integrated in the technical infrastructure of Shopify. The PSSP is handling on our behalf your payment with respect to your purchase; as such, the PSSP is solely responsible and liable for the use and storage of your PID relating to your payment, as well as as for the processing of said payment.   


4. OFFER AND PRODUCT INFORMATION

All product descriptions, images, and prices displayed on the website are non-binding and serve informational purposes only. The Seller reserves the right to correct pricing errors, update technical specifications, or modify designs without notice. Offers are valid while stocks last and may be withdrawn at any time. Alcoholic beverages are sold only to individuals aged 16 or older for wine and beer, and to individuals aged 18 or older for spirits, with age verification before payment (check-out).

 

5. PRICING AND PAYMENT

Prices are quoted in Swiss francs (CHF) and include Swiss value-added tax (VAT) and, where applicable, advance recycling fees (ARF). Shipping costs are calculated separately based on Swiss Post tariffs and displayed during checkout. Payment must be made in full at the time of ordering via secure methods such as credit card, debit card, [PostFinance], TWINT or PayPal.

 

6. ORDER PLACEMENT AND CONTRACT FORMATION

The Customer places an order through the online interface, and the contract is formed upon confirmation or dispatch, depending on the shop’s policy. The Seller reserves the right to reject orders exceeding normal household quantities or in case of stock unavailability. Customers must confirm acceptance of these GTC through a mandatory checkbox during checkout to ensure legal validity.

 

7. DELIVERY AND SHIPPING

ALL DELIVERIES ARE MADE WITHIN SWITZERLAND ONLY, with shipping times indicated as estimates. The risk of loss or damage transfers to the Customer upon delivery to the designated address. The Seller is not liable for delays caused by force majeure or third-party carriers. Seller will provide Customer, insofar as it is possible, with the tracking reference from the shipping provider.

 

8. RETENTION OF TITLE

All deliveries are subject to retention of title until full payment of the purchase price has been received. The Customer acknowledges that ownership of the goods only passes upon full payment. In case of non-payment, the Seller reserves the right to reclaim the goods. The Customer hereby authorizes the Seller to register the retention of title with the competent debt enforcement office at the Customer’s domicile. In case the goods are resold in the ordinary course of business, the Customer assigns to the Seller all claims against the new purchaser arising from such resale until full payment is made.


9. REDEMPTION OF ONLINE PROMOTIONAL COUPONS (MARKETING CAMPAIGNS)

Promotional coupons issued by the Seller can be redeemed only in accordance with the terms and conditions specified in the respective promotion. Coupons are subject to availability, valid only for purchases made in the online shop, and cannot be combined with other discounts or promotions unless explicitly allowed. Coupons have no cash value and are non-transferable. The Seller reserves the right to reject, cancel, or withdraw any coupon redemption in cases of suspected fraud, misuse, or violation of these conditions. Discounts granted by coupons apply only to the eligible products and exclude taxes, shipping, and handling charges.


10. LOYALTY PROGRAM

  • Eligibility and Enrolment

Participation in the loyalty program is voluntary and free of charge. Customers must register an account with valid contact information to participate and earn loyalty points.  

  • Earning Points 

Loyalty Points are awarded for every purchase made through the online shop, typically calculated as a set number of points per amount spent (e.g., 1 loyalty point per CHF 5 spent), excluding taxes, shipping, and handling fees. Loyalty Points are credited to the customer’s account only after the order status changes to shipped or delivered.  

  • Use of Points 

Accumulated Loyalty Points can be redeemed for discounts or vouchers applicable to future purchases according to the program rules. The minimum Loyalty Points required for redemption and any restrictions will be clearly communicated to Customers. Loyalty Points have no cash value and cannot be exchanged for money (whether physical or electronic).  

  • Expiration and Forfeiture 

Loyalty Points or vouchers expire after a specified period (e.g., 6 or 12 months) from the date of issuance unless otherwise stated. Expired Loyalty Points or vouchers are forfeited without compensation.  

  • Modification and Termination

The Seller reserves the right to modify, suspend, or terminate the loyalty program at any time without prior notice. Any changes will be communicated on the website.  

  • Fraud and Abuse 

Abuse of the loyalty program, such as fraud, collusion, or use of multiple accounts to accumulate Loyalty Points unfairly, may result in suspension or forfeiture of points and termination of program participation.

 

11. SELLER’S LIABILITY

The statutory warranty period of two years applies to all goods. The Seller is liable for defects present at the time of delivery, with remedies including repair, replacement, or refund. Liability for indirect or consequential damages is excluded unless due to wilful intent or gross negligence. Product-specific warranty terms follow manufacturer guidelines. NOTWITHSTANDING THE FOREGOING, SELLER’S WARRANTY AND LIABILITY WITH RESPECT TO PRODUCTS MARKED WITH AN EXPIRY DATE ("BEST BEFORE DATE" OR "USE BY DATE"), INCLUDING BUT NOT LIMITED TO, FOODSTUFFS, BEAUTY CARE AND PERSONAL HYGIENE PRODUCTS, SHALL BE STRICTLY LIMITED TO SUCH EXPIRY DATE.

 

12. CANCELLATIONS

  • By the Customer

Consumers have a 14-day right of withdrawal for goods, starting from the date of receipt, provided items are unused, unopened and in original packaging, such conditions being cumulative. Return shipping costs are borne by the Customer unless the product is defective or incorrectly delivered. PERISHABLE FOODSTUFFS AND SEALED HEALTHCARE AS WELL AS BEAUTY CARE, COSMETICS AND PERSONAL HYGIENE PRODUCTS ARE EXPRESSLY EXCLUDED FROM RETURN RIGHTS FOR HYGIENE REASONS, IN ACCORDANCE WITH SWISS LAW.

  • By the Seller

The Seller reserves the right to cancel or refuse orders, in whole or in part, without penalty if goods are unavailable due to stock shortages, discontinuation, supply chain disruptions, or if ordered quantities exceed normal household or commercial limits. The Customer will be informed promptly in such cases, and any payments received will be refunded without undue delay. The Seller shall not be liable for any damages or losses arising from such cancellations or refusals.

 

13. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing their obligations under this contract if such failure or delay is due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics or pandemics, government actions or restrictions, strikes, or other labor disputes ('Force Majeure Event'). The affected party shall notify the other party promptly of the occurrence and cessation of the Force Majeure Event. Performance shall be suspended during the continuance of the Force Majeure Event, and if it continues for more than [e.g., 30] days, either party may terminate the contract without liability.

 

14. INTELLECTUAL PROPERTY

All content on this website, including but not limited to text, images, graphics, logos, audio clips, downloads, and software, are the property of the Seller or its licensors and are protected by Swiss and international intellectual property laws. No part of the content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the Seller’s prior written permission. The trademarks, service marks, and logos displayed on the website are registered and unregistered marks of the Seller or third parties and may not be used without authorization. The Customer is granted a limited, non-exclusive, non-transferable right to access and use the website and its content for personal, non-commercial purposes only. Any unauthorized use of the intellectual property may result in legal action.


15. EXTERNAL LINKS

This website may contain links to Third-Party Websites. These links are provided solely for your convenience. The inclusion of any link does not imply endorsement, approval, or responsibility for the content of such Third-Party Websites. We are neither responsible nor liable for the content, operation, or privacy practices of Third-Party Websites, which may collect and use personal data in ways different from ours. Your use of such Third-Party Websites is at your own risk, and you should review their respective privacy policies for relevant information before providing them with any personal data. Other parties may also collect information about your online activity over time and across different websites when you use our website or related services.

 

16. FINAL PROVISIONS

  • Data Protection

Customer data is processed in compliance with the FADP. Personal information is used solely for order processing, invoicing, and delivery, with no sharing to third parties without consent. Data is stored securely using encryption and retained only as long as necessary for legal or commercial purposes. For a complete description of how we collect and process your personal identifiable data and of your rights, please refer to our Privacy Policy found at: [https://khoon-markt.ch/privacy].

  • General

Any abusive or unfair clauses are void under Swiss consumer protection law.

Section Headings are provided for reference only and shall neither limit nor affect these GTC.

  • Applicable law

These GTC are governed by Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

  • Dispute settlement / Jurisdiction

The Customer acknowledges that the Seller is under no obligation to engage or participate in any alternate dispute resolution mechanisms whether through an online platform or otherwise through any arbitral proceedings or any other proceedings of a like nature. In the event of disputes, the competent courts in the canton of the Seller’s registered office shall have exclusive jurisdiction.